Common Personal Injury Deposition Questions
The Code of Federal Regulations defines a deposition as sworn testimony given in the presence of at least one person with the authority to oversee and document such testimony, in response to queries, which may be either oral or written. In the context of a personal injury case, depositions are essentially interviews conducted by attorneys. A “deponent” is someone who gives a deposition, and plaintiffs as well as subject matter experts often fill this role. Like other deponents, plaintiffs must swear an oath to testify truthfully before giving a personal injury deposition.
Cautions for Plaintiffs
In limited circumstances, a defense lawyer may use a plaintiff’s deposition against them during a trial. One example is when the plaintiff’s deposition contradicts their trial testimony. As a result, plaintiffs benefit from consistent testimony throughout both depositions and trial statements.
Although a personal injury lawyer may not coach their client through a deposition, they can help them prepare for this process in a number of ways. One strategy is to familiarize the plaintiff with some of the most common personal injury deposition questions.
How Did the Accident Occur?
One of the most common lines of questioning involves the accident itself. Plaintiffs should expect very detailed queries about how the injuries occurred, regardless of whether they were caused by car accidents, slips and falls, defective products, or any form of negligence. Personal injury deposition questions of this nature include queries about the timing of the accident, descriptions of the accident and surrounding events, and injuries sustained and immediately recognizable on the scene. Defense lawyers will often ask for extremely detailed information as to what you were looking at, thinking about, listening to, and doing during the seconds before and after an incident.
When Did the Accident Occur?
Plaintiffs may need to recall the exact time of the accident, including the date and the specific hour. If a plaintiff becomes confused about dates, the court may see this as a sign of dishonesty. To prepare, plaintiffs should review the timeline of their accident and injuries, consulting records such as time-stamped message history or medical office visits to support their memory as appropriate, prior to the personal injury deposition.
What Happened Prior to the Accident?
The moments leading up to the accident are important because they may include signs of negligence or innocence. As always, honesty is important with this line of questioning. A motorist who may have been texting during the seconds leading up to a crash is unlikely to benefit from attempting to pretend otherwise. Authorities can often obtain cell phone data to show that drivers were distracted during specific timeframes. The same basic principle applies to other details of pre-accident activity about which plaintiffs might be tempted to mislead the court: For practical as well as ethical reasons, lying under oath is never a good idea.
What Happened After the Accident?
Plaintiffs may also face questions about the moments after the accident. These moments may include additional signs of negligence. For example, a plaintiff may have witnessed an intoxicated motorist stumble out of a crashed vehicle with a liquor bottle in their hand. In addition, these moments may include details about the plaintiff’s injuries.
In some cases, plaintiffs may lose consciousness, with the result that they remember absolutely nothing about the moments after their accidents. This is perfectly acceptable, and plaintiffs suffering from memory loss can simply state that they cannot answer this question. When giving depositions, admitting ignorance is far better than embellishing the truth.
What Kind of Medical Treatment Did You Pursue?
Common personal injury deposition questions focus on the injuries of the plaintiff, not just in the moments immediately after a crash, but throughout the process of seeking and receiving medical treatment. Defense attorneys may attempt to expose inconsistencies or signs that plaintiffs are overstating their injuries. As a result, deponents can expect to face various lines of questioning under this category.
Do You Have Any Pre-Existing Conditions?
Pre-existing conditions are common among plaintiffs, in part because they are common among the population at large. Defense attorneys may seek to expose these conditions in an attempt to show that the injury existed before the accident occurred. Note that pre-existing injuries that were exacerbated by accidents can still be eligible for compensation.
How Long Did You Wait Before Seeking Medical Treatment?
When a plaintiff has delayed medical treatment after an accident, defense attorneys may use this gap between accident and treatment to attempt to imply that the injuries must not have been very serious. This is despite the fact that plaintiffs may delay treatment due to financial concerns––even when facing serious injuries. Plaintiffs should therefore be prepared to discuss the timing of their medical treatments, and the reasons for any gaps, in some detail.
How Has Your Life Been Affected by Your Injuries?
This broad line of questioning gives plaintiffs opportunities to go into detail about the harms they have suffered, but they should always remain factual. Plaintiffs benefit most from avoiding vague emotional language, instead focusing on issues that they can prove. Claims of feeling distressed or hopeless are difficult to substantiate; disorders such as depression or PTSD can be supported with medical records.
The Importance of Honesty and Balance in Depositions
Regardless of which questions plaintiffs face, they should prioritize honesty and balance when providing responses. A balanced answer is one that neither overstates nor understates the severity of injuries or the circumstances of the accident. The most alarming consequence of attempting to embroider the facts or conceal some of their less favorable elements is a charge of perjury, as the Congressional Research Service lists depositions among the many forms of providing information in which deliberately giving a false statement may constitute perjury. Answering deposition questions honestly helps to avoid not only this extreme consequence, but also the inconsistencies a defense attorney may use to call into question the plaintiff’s entire personal injury case. An honest answer can be detailed or extremely simple, but it will always stand up to scrutiny from the court. A plaintiff is perfectly justified in admitting that they do not know the answer to a certain question. Embellishment, exaggeration, and fabrication will only cause issues for plaintiffs tasked with providing depositions.
Contact a personal injury attorney at Hall and Lampros, LLP to learn more about your rights and provide guidance for your legal issue. Our personal injury law firm serves clients throughout Georgia including Marietta, Decatur, LaGrange, Riverdale and in Chattanooga, Tennessee.
Contact us today by calling or texting (404) 876-8100 to schedule a FREE consultation or through our contact form.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.